What's happening
Clara's Law requires hospitals to report allegations of sexual offenses by health care practitioners against patients to both the Department of Health and the Education Department.
Why it matters
Strengthens oversight and accountability. By requiring hospitals to report every allegation of sexual offenses by health care practitioners to both the Department of Health and the Education Department, the law ensures multiple agencies are alerted, reducing the chance that serious allegations are overlooked or inadequately addressed.
Closes reporting loopholes. Previously, reporting requirements differed depending on the practitioner's license type. This amendment mandates dual reporting for all licensed health care practitioners, closing gaps where certain allegations might have only been reported to one agency.
Accelerates response timelines. Hospitals must file reports within 30 days of each separate allegation, promoting timely investigations and interventions, which could help protect patients from further harm.
Broadens the scope of practitioners covered. The law explicitly defines "health care practitioner" to include anyone licensed, certified, or otherwise authorized under New York's education law, ensuring the rules apply to a wide range of medical professionals, not just doctors.
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Report Sexual Offenses in Hospitals
Plain English, a few words. Used as the page title.
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History
- Referred to health
- Reported and committed to higher education
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Report Sexual Offenses in Hospitals
In Assembly Committee · Health · Sponsor Brian Kolb
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5124
2017-2018 Regular Sessions
IN SENATE
March 9, 2017
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to reporting incidents of possible professional misconduct
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Clara's Law".
§ 2. Subdivision 1 of section 2803-e of the public health law, as added by chapter 866 of the laws of 1980, is amended by adding a new paragraph (c) to read as follows:
(c) Hospitals and other facilities approved pursuant to this article shall make a report or cause a report to be made within thirty days of every separate allegation of a sexual offense, as defined in article one hundred thirty of the penal law, by a health care practitioner which involves a patient.
§ 3. Subdivision 2 of section 2803-e of the public health law, as amended by chapter 542 of the laws of 2000, is amended and a new subdivision 4 is added to read as follows:
2. Reports of possible professional misconduct made pursuant to this section shall be made in writing to the education department with respect to all individuals licensed pursuant to title eight of the education law except that such reports shall be made to the department of health in the case of physicians, physician's assistants and specialist's assistants. Reports for all allegations of a sexual offense pursuant to paragraph (c) of this section shall be made to the department of health in addition to the education department with respect to all individuals licensed pursuant to title eight of the education law. Written reports shall include the following information:
(a) name, address, profession and license number of the individual;
(b) a description of the action taken by the hospital including the reason for the action and the date thereof, or the nature of the action
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06797-01-7
S. 5124 2
or conduct which led to the resignation or withdrawal, and the date thereof, stated with sufficient specificity to allow a reasonable person to understand which of the reasons enumerated in subdivision one of this section led to the action of the hospital or the resignation or withdrawal of the individual, and, if the reason was an act or omission of the individual, the particular act or omission;
(c) any criminal conviction of which the hospital has knowledge; and
(d) such other information as the education department or the department of health shall require.
4. For purposes of this section the term "health care practitioner" shall mean a person licensed, certified or otherwise authorized to practice under title eight of the education law.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to reporting incidents of possible professional misconduct
Purpose
To enact Clara's Law requiring hospitals and health care facilities to report incidents of a sexual offense to the State Departments of Health and Education.
Summary of specific provisions
Section 1 establishes the title "Clara's Law."
Section 2 amends subdivision 1 of section 2803-e of the Public Health Law by adding a new paragraph (c) to require hospitals and health care facilities to report within 30 days all allegations of a sexual offense by a health care practitioner which involves a patient.
Section 3 amends subdivision 2 of section 2803-e of the Public Health Law to require reports to be made to both the Department of Health and the Education Department and defines "health care practitioner."
Section 4 contains the effective date.
Justification
This legislation is named after the late Clara Mae Bowman, who was sexually abused by an Intensive care-unit nurse at a Florida hospital in 2006. Her abuser resigned from the hospital amid the allegations and went to work at another hospital where he later abused another patient. That hospital was not aware of the allegations when they hired him. This legislation is necessary to stop health care workers who have abused patients from moving to other hospitals or healthcare facilities without those facilities knowing their background.
Legislative history
New bill.
Fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.